Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-10-25
THE WATER RATES.
Powers of the Com missiOners - Settled
by the COurts.

Powers of the Com mlssiOners n Settled
by the Courts.
POINTS FROM DECISION BIT yuDG. HAGSRR RE-
AFFIRMED BY THE COURT IN GENERAL TERN YES
TEsDAr-THK COUNTS WITHOUT PowRR TO REVIEW
TIE RATES FIXED By THE coxxssroNERa
As stated in yesterdays STAR, Judge James, in
announcing the opinion OF the Court in General
Term sustaining the District Commissioners In the
action brought against them TO enjoin them from
enforcing the collection OF the water rate of S.
charged for stores, In cases where IL was alleged
no water fixtures were on the premises referred 10
An opinion delivered by Judge Hagner In a similar
case some years ago, and said the court would en-
body In its opinion, when handed down, the con-
illusions then reached BY Judge Hagner. The
opinion by Judge Hagner referred to was delivered
August IA. 1873. In the case OF Carpenter against
the District The suit was to enjoin
the collection Of water rates under the
court granted the injunction asked then
solely on the ground OF niegality in the collection
OF tne new rent, In that the Commissioners were
only authorized oy law to establish annual rates.
and they had no authority to apportion them to
half.yearly Payments and thus require the pay
ierent rate for the residue OF the year This 90
lection, Judge Hsgner stated, was not directed 70
tne intrinsic Of the rates but 70 the light
this conclusion, however, the judge in considering
the alleged illegality OF the rates tn mselves re-
Commissioners respecting the apportionment and
collection OF water rates
THE COMMISSIONERS AUTHORITY.
The court said: First 1t Is insisted that the
District Commissioners had no authority to app0r.
ton the rates solely according TO the assessed
values OF the houses but that this element In the
superintendent could only be adopted In connec-
ZION with all. or, at least with some OF the other
, da,a enumerated In section 10, as size uses OF
houses, NUMBER OF occupants, &c. The act OF Con-
gress Whicn conferred the original power OF estab
lshlng water rates upon the authorities OF WASH
In the Revised Statutes OF the District It reads as
follows: The legislative assembly has authority
Sne nse 81 h scale Of annual rates ior the Supply
classes OF buildings according to their size dimen-
slons, assessed values exposure to fires uses for
dwellings,, stores, shops, stables, manufacturing
or other purposes number OF occupants, or con-
sumption OF water measured by meter or otherwise,
ana 70 modify, alter, amend, increase or reduce
other descriptions OF buildings and esta bshments,
and 10 provide for the collection OF such rates. In
advance or otherwise, from the owners or occu-
pants OF all buildings or establishments using the
water; 10 provide for stopping the supply OF water
70 any dwelling or establishment upon failure to
pay tne rate and generally TO enact such laws as
may De necessary to supply the Inhabitants OF
washington and Georgetown with pure and whole
some WATER and to carry into full effect the pro-
visions OF this chapter
DBvoLvED UPON THE COMMISSIONERS.
BY the act OF Congress OF 10th June, 1870, all
the powers, duties and limitations belonging TO
the legislative assembly under the Revised Stat
utes IN respect OF the water supply are devolyed
upon the District Commissioners, with the addi-
tlonal provision, then first expressed In words,
That the water Rates should be Uniform in the
District In my opinion this section dos not re-
qulre the commissioners, in establishing the scale
OF rates. to embody as elements In their determi-
nation all the methods mentioned as factors in
the discrimination OF the rates. How, Tor ex-
ample, could the proper rent for store or stable
De apportloned according TO the number of It's
occupants; and If the charge should be based
upon the actual consumption OF water measured
by meter, for what possible purpose and in what
manner would they afterward undertake 10
modify the result thus positively ascertained by
introducing the elements OF size, dimensions num-
Der OF occupants and exposure 10 fire, &C.? The
various methods Of ascertainment enumerated
must be regarded as mere suggestions to the
commissioners OF a number OF elements OF calcu-
latlon from which they are at liberty select one
or or more relying upon one alone or constituting it
they should see fit to do So
"Ihe contemporaneous legislation and practice
Is Instructive upon tue point In october OF the
year In Wnlcn the act OF Congress was enacted the
tnen corpo alton OF Washington, TO carry into
enect the PROVISIONS OF the act, passed an ordi-
the first OF January, 1S6O and based their determi-
nation exclusively upon the size and dime isiOns
OF the buildings, and discardng all Others OF the
lholcdted TESTS or elements OF their rates. This
ordinance was continued in force for nearly twenty
years without complaint suggestion. so far as
we are sdvised that the method adopted was ie-
gal- Inc 'erposttio contemporunea' may well be
Invoked 10 sustain the action of the present Com
mlsSloners IN Dasns their scale OF rates upon the
ol the notorious TACT that numbers OF members OF
Tue houses or Congress during AL these years have
ueen resuents OF the city and must have paid the
Wat rates repeatedly based upon the single ele-
ment OF SIZE and Dimensions
THE APPROVAL OF CONGRESS-
"But the argument derives almost conclusive
strength from the further consideration that Con-
gress, by the statute approved 10th July. 1875
page 50. 10 Statutes at LARGE, expressly recog-
WashinSton IN ,baI acTn Oh rhe corporation Of
ordinances now In force in the city OF washington
relating TO the payment and collection OF water
taxes, water rents, and taxation for water mains
be and they are hereby extended to and made
operative over all parts OF the District of C0lumha
Wnere water taken from the United States AQue-
duct IL used, and said taxes and rents shall be
payable ana cOilectfble thereon In the same man
ner ana at the same rates as in the city OF WASH
lngton, for the year beginning January L 1874
and for eac1 subsequent year.
"The second ground OF illegality alleged Is that
the commissioners having selected the assessed
value OF the houses as guide In apportionng the
rents, have not applied the principle to the ind-
v1dual houses, but have divided them into classes
a es 10 Their assessment and imposed the
and injustice that would have resulted, as we'll
70 the consumers as to the city government II it
mad been required 10 resort to the Individual ya-
atoms for the arrangement OF the rates. must have
suggested the provision In the law which expressly
aushoZ % the Commi ,aioners to establish "a scale
OF annual rates. apportioned TO different classes OF
build ng, according 10 siZe' &C. This method of
classification has constantly been adopted in tax
and license laws and although there may be in
conslstencies disclosed by q scrutiny of the opera
tion or the schedule, nevertheless discover noth.
Ing In the arran cement illegal viola I've of the
requirement In the law that the rules shoul he
UNIFORM, which does not signify that they shall
De Identical, but only cOnsOnanI, or according to
one rule or method.
THE DISCRETIONARY POWER OF THE COMMISSIONERS
The whole subject OF the est iblishme { and ap-
portionment OF the rates was connded by Congress
| TO the discretion OF the District Commissioners
| omcers specially lected for the PURPOSE Con-
gress had the power to appoint others as deposit
tories OF the trust, but IL nt to select these:
and 50 long as such selected agents in performing
their allotted duty, act within the scope II dis
| cretion confted To them W law their powers ex-
| cept In extraordinary and exceptional instances
! 70 restrain gross abuse are not subject to
judicial control, whatever the Judges personally
4 may think OF the wisdom OF their acts COnceding
| 10 whoever may be Commissioners for the time
being the ural and honest disposition to do tus
tice 20 their felow-ctizenS and themselves which
would be claimed By the complainant for himself II
he occupied the same Official position we would
still expect there would almost Inevitably be some
| Complaints made, whenever scale OF rates might
| be devised The only system approximate
| In exactness OF result-measurem ut by a meter
would probably be obnoxious 10 many OF the obiec-
lions which made against the use OF this m.t
by the gas companies In he language OF The Su-
preme court In the State railroad cases In 2nd
Otto, 612, perfect equality and perfect uniformity
or taxation as regards individuals corpOt atoms
on the different classes OF property subject tax
/ alton Is a dream unrealiZed- IL m,y b admitted
| that the system that most nearly attains this Is
| best. But the most complete system that can he
devised must be Imperfect If there Is an exctS-